Anil Chaudhary @ Anil Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39115 of 2023 Arising Out of PS. Case No.-178 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ANIL CHAUDHARY @ ANIL KUMAR CHOUDHARY SON OF MANTU CHAUDHARY@ BHUNESH CHAUDHARY RESIDENT OF VILLAGE -BAUNIDHI, POST- HUSAINA PS- BALIYA, DISTRICT BEGUSARAI ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
KHUSHBOO KUMARI WIFE OF ANIL CHAUDHARY @ ANIL KUMAR CHAUDHARY RESIDENT OF VILLAGE- BAUNIDHI, POST HUSAINA, PS- BALIYA, DISTT- BEGUSARAI VILLAGE- MOR WEST PANCHAYAT, WARD NO 10, PO MOR, PS- MOKAMA DISTRICTPATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar, Advocate For the Opposite Party/s :
Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner, the State and the opposite party no.2.
The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 498(A), 323, 504 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/-per month, starting from this month, to opposite party no. 2.
In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- per month, in the event of arrest/surrender within a period of six weeks from today, above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.39115 of 2023(3) dt.14-07-2023 2/2 thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Barh, Patna in connection with Complaint Case No. 178 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-
(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no. 2.
(3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.
(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.
(Prabhat Kumar Singh, J) Alok Verma/- U T